What We Can Expect from Social Security Disability in 2020

What should you expect from Social Security disability in 2020. Perhaps you have just filed your application for benefits, or perhaps you started the process in 2018 or 2019 and you expect to be scheduled for a hearing in 2020.

As I discuss in this video, the trend in the Social Security world continues to be anti-claimant. Many of our elected representatives believe - wrongly - that it is too easy for applicants to recover Social Security disability benefits and that fraud and abuse are widespread.

This narrative arises from a few outlier cases like the Eric Conn fraud case, where a Kentucky lawyer named Eric Conn orchestrated a $550 million dollar fraud scheme in which he conspired with a Social Security disability judge and a psychologist to recover benefits wrongfully for thousands of claimants in rural Kentucky. Then, during trial, Mr. Conn fled to Honduras, but was eventually caught and is now serving time in federal prison.

Social Security reacted to the Conn case by eliminating the “treating source” rule that previously gave “controlling weight” to medical records and opinions from long time treating doctors. Now, a Social Security judge can use the conclusions of a one time consultative evaluation or the review notes from a non-examining doctor to deny your claim.

Social Security is also considering proposals to increase the number and frequency of continuing disability reviews and to require more evidence for approvals.

The good news is that most Social Security disability judges are reasonable people and if they see evidence that you truly cannot work, you will be awarded benefits. The low approval judges in the system - those whose approval rates are 25% or less - were going to find a way to deny you anyway. SSA’s new rules just make that process easier.

So, the key to winning disability benefits remains mostly the same - recognize that the judge is interested only one thing - does your medical problem prevent you from reliably performing simple, entry level work. You will need medical records from on-going treatment, ideally with a medical specialist. And cases where your medical issue can be imaged with an MRI, CT or other diagnostic test will be stronger than cases where there are no objective medical tests.
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